Article 2 These Measures shall apply to the establishment and management of outdoor advertisements and signboards within the administrative area of this Municipality.
The publication, registration, content review, supervision and management of outdoor advertisements and signboards within the administrative area of this Municipality shall be implemented in accordance with the Advertising Law of People's Republic of China (PRC) and relevant laws and regulations.
Article 3 The term "outdoor advertising" as mentioned in these Measures refers to the use of outdoor venues and buildings to set up advertisements for the purpose of publishing commercial or public service advertisements, including:
(a) the use of outdoor venues, roads, tunnels and other municipal facilities or buildings, set up exhibition boards, neon lights, luminous fonts, electronic display screens, electronic flip devices, public advertising columns (including publicity columns, enlightenment columns, warning columns, bulletin boards, posters, etc.). ), physical models and other advertising facilities;
(two) the use of public facilities such as bus stops, bus shelters, newsstands and telephone booths. Set up advertising facilities such as exhibition boards, light boxes, windows, etc., or draw and post advertisements by using fences on the construction site;
(three) the act of setting up advertising facilities outdoors in other forms such as cloth, balloons and inflatable devices.
The term "signboard setting" as mentioned in these Measures refers to the behavior of organs, groups, enterprises, institutions, other organizations and individual industrial and commercial households to set up signs, light boxes, neon lights and text symbols indicating the name, font size and logo of their own units in their business premises and offices.
Article 4 The municipal administrative department of urban management is the competent department of outdoor advertisements and signboards in this Municipality, responsible for the supervision, management and comprehensive coordination of outdoor advertisements and signboards, and organizing the implementation of these Measures. District and county-level city administrative departments shall be responsible for the supervision and management of outdoor advertisements and signboards within their respective jurisdictions in accordance with their duties and powers.
The administrative department for industry and commerce shall perform the statutory duties of the advertising supervision and administration organ, be responsible for the examination, supervision and management of outdoor advertising content release, and supervise and manage the contents of signboards.
Urban management comprehensive law enforcement agencies are responsible for investigating and dealing with acts of setting up outdoor advertisements and signs in violation of these measures.
Article 5 Urban management administrative departments, industrial and commercial administrative departments, urban management comprehensive law enforcement organs and other outdoor advertising and signboard management departments shall follow the principles of resource integration, information sharing and business collaboration, gradually use network technology, exercise administrative examination and approval, supervision and other outdoor advertising and signboard management functions online, and establish an electronic information retrieval system to facilitate public inquiry, supervision, examination and approval and law enforcement.
Article 6 The setting of outdoor advertisements and signboards shall conform to the requirements of urban planning and urban appearance standards, adapt to the functions of urban regional planning, and coordinate with architectural style and surrounding environment.
Outdoor advertising and signboard facilities shall be firm and safe, and shall not affect the function of the building (structure) itself and the ventilation and lighting of adjacent buildings (structures), and shall not hinder traffic and fire safety.
Outdoor advertising and signboard facilities shall meet the requirements of energy conservation and environmental protection. Advocate outdoor advertising and signboard facilities to adopt new technologies, new materials and new processes. Seventh outdoor advertising planning includes outdoor advertising special planning and outdoor advertising setting planning.
Outdoor advertising special planning by the municipal administrative department of urban management in conjunction with the municipal administrative department of urban and rural planning organization, reported to the Municipal People's government for approval and promulgation and implementation. Outdoor advertising special planning should highlight the city's national central city image, beautify and optimize the urban landscape, actively create a business atmosphere, reflect the demand for outdoor public service advertising, and determine the spatial layout and classification control chart of the city's outdoor advertising optimization area, strict control area and no-go area.
Outdoor advertising planning by the city, county-level city administrative departments in accordance with the outdoor advertising special planning and city appearance standards, reported to the municipal and county-level city people's government for approval before promulgation and implementation. Outdoor advertising planning shall specify the location, location, form, specifications and other specific requirements of outdoor advertising facilities.
Outdoor advertising planning approved by the municipal and county-level municipal people's governments shall not be changed at will; If adjustment is really necessary, it shall be reported to the municipal and county-level municipal people's governments for approval in accordance with the original examination and approval procedures.
Eighth technical specifications for outdoor advertisements and signboards shall be formulated by the municipal administrative department of urban management in conjunction with the municipal administrative department of urban and rural planning, and promulgated and implemented after the approval of the Municipal People's government.
Ninth construction, environmental protection, public security, industry and commerce, quality supervision, safety supervision, transportation, meteorology and other relevant functional departments. The formulation of outdoor advertising planning and technical specifications for outdoor advertising and signboards shall solicit opinions, and listen to the opinions of experts, industry associations and the public through hearings, argumentation meetings and symposiums.
The municipal administrative department of urban management shall set up urban landscape planning experts and public advisory committees composed of experts in urban landscape, planning management, graphic design, structural safety and outdoor advertising, and report them to the Municipal People's Government for approval. Urban landscape planning experts and public advisory committees provide technical advice for the compilation of outdoor advertising special planning, outdoor advertising and signboard setting technical specifications, and make suggestions on the revision of outdoor advertising setting planning and large-scale temporary outdoor advertising setting scheme.
Tenth in any of the following circumstances, outdoor advertisements and signs shall not be set up:
(1) State organs, schools, residential buildings, scenic spots, cultural relics protection units, memorial buildings, representative modern buildings or landmark buildings determined by the Municipal People's Government within the building control zone (except signboards);
(two) the use of urban bridges and overpasses;
(three) the use of the roof of the building;
(four) endangering the safety of buildings or using dangerous buildings and illegal buildings;
(five) the use of traffic safety facilities, traffic signs;
(six) affecting the use of municipal public facilities, traffic safety facilities and traffic signs;
(seven) extending to the road or crossing the road;
(eight) hinder the use of barrier-free facilities;
(nine) the use of street trees or occupation, damage to green space;
(ten) hinder the normal life of residents, damage the city appearance or architectural image;
(eleven) other circumstances stipulated by laws, regulations and rules.
Eleventh buildings in the forbidden area and strictly controlled area determined by the special outdoor advertising plan shall not use street glass to set up outdoor advertisements and signboards.
Commercial buildings in the optimized area determined by the special outdoor advertising plan can use street glass to set up outdoor advertisements and signboards, but it cannot affect the ventilation and lighting function of the building.
Twelfth outdoor advertisements and signs set in the form of LED (light emitting diode) outdoor electronic display screen shall meet the following requirements:
(a) it is forbidden to set up advertisements in the forbidden areas and strictly controlled areas determined by the special outdoor advertising planning (except for public information electronic display screens);
(two) in the multi-storey building wall, the upper edge of the wall shall not exceed 35 meters from the ground; The outer wall of the podium in a high-rise building shall not exceed the upper edge of the "parapet" of the main building (the low wall outside the building roof);
(three) it is forbidden to set in the direction perpendicular to the direction of the road and the direction of the coming car;
(4) It is forbidden to open from 22: 30 every day to 7: 30 the next day.
Thirteenth it is forbidden to use signboard facilities to publish advertisements or to publish advertisements in disguised form. Fourteenth outdoor advertising planning, outdoor advertising and signboard setting technical specifications are the basis for outdoor advertising and signboard setting, approval and supervision.
City, county-level city management administrative departments shall publish outdoor advertising planning, outdoor advertising and signboard setting technical specifications and illegal outdoor advertising information, and establish an electronic information retrieval system to facilitate the masses, interested parties and the public to inquire and supervise.
Before setting up outdoor advertisements and signboards, the setters can inquire about the planning conditions and design requirements from the administrative department of urban management. The competent department of city administration shall provide inquiry service.
Fifteenth the establishment and release of outdoor advertising shall apply to the administrative department of city management for the certificate of outdoor advertising, and apply to the administrative department for industry and commerce for the certificate of outdoor advertising registration. No unit or individual without a Certificate of Outdoor Advertising shall set up outdoor advertising, and the administrative department for industry and commerce shall not issue a Certificate of Outdoor Advertising Registration.
The use of construction site walls and unfinished buildings to set up public service advertisements is exempt from outdoor advertising, but it should be set in strict accordance with the technical specifications for setting up. Where a commercial advertisement is set up by using the wall of the site, it shall apply for the Outdoor Advertising Setting Certificate. Where a commercial outdoor advertisement is set up in an uncompleted residential building, the right to use the position shall be publicly sold, and an outdoor advertisement setting certificate shall be applied for.
Sixteenth signs should be set in strict accordance with the standards for setting signs.
Signboard content beyond the name, font size and logo of the unit, with commercial content, or the location is not in the business premises or office space of the unit, it is regarded as outdoor advertising, and the setter shall apply for outdoor advertising setting certificate.
If the signboard facilities are changed into advertising facilities, it shall apply for the Outdoor Advertising Setting Certificate, which shall not be changed without approval or early change.
Seventeenth to apply for the establishment of outdoor advertising, the following materials shall be submitted to the municipal and county-level city administrative departments:
(1) An application form for setting up outdoor advertisements;
(2) Business license or other documents proving the legality and validity of the subject qualification;
(3) Panoramic computer design of outdoor advertising facilities;
(four) the ownership and use right of outdoor advertising venues, buildings (structures) and facilities;
(5) Proof materials of safety measures suitable for outdoor advertising facilities;
(six) other materials as prescribed by laws, regulations and rules.
Eighteenth city and county-level city administrative departments shall review the application materials submitted by outdoor advertising applicants.
If the application materials are not standardized or do not conform to the statutory form, the competent department of urban management administration shall inform the applicant of all the materials that need to be supplemented on the spot or within five working days. If the applicant fails to make corrections within 10 working days, the application shall be deemed as withdrawn. If the applicant still needs to set up outdoor advertisements, he shall reapply.
If the application materials are complete, the administrative department of urban management shall issue a notice of acceptance, and make a decision on whether to approve it within 15 working days from the date of acceptance. To meet the requirements of the setting, the issuance of "outdoor advertising certificate", and the examination and approval information will be registered in the electronic information retrieval system of outdoor advertising, to be publicized; Do not meet the requirements, shall not be approved, and explain the reasons in writing.
Nineteenth "outdoor advertising certificate" approved setting period shall not exceed 3 years from the date of approval, electronic display board (screen) outdoor advertising may be appropriately extended, but the longest shall not exceed 6 years.
Twentieth temporary outdoor advertising facilities need to be set up for cross-regional and large-scale activities organized by the municipal government, such as holding trade fairs and lantern festivals. The applicant shall apply to the municipal administrative department of urban management 10 working days in advance; If it is necessary to set up temporary outdoor advertising facilities for holding cultural, tourism, sports, public welfare, festivals, commodity fairs and other activities within the administrative areas of districts and county-level cities, the applicant shall apply to the administrative department of urban management of districts and county-level cities 10 working days in advance and provide the following materials:
(1) An application form for setting up temporary outdoor advertisements;
(2) Business license or other documents proving the legality and validity of the subject qualification;
(three) a written explanation of the form, scope and duration of temporary outdoor advertising;
(four) other materials as prescribed by laws, regulations and rules.
Article 21 The administrative department in charge of urban management shall, within five working days after receiving the application for temporary outdoor advertising, make a decision on whether or not to approve it, issue the Outdoor Advertising Setting Certificate (Temporary) to those who meet the setting conditions, and enter the approval information into the outdoor advertising electronic information retrieval system for publicity; Do not meet the requirements, shall not be approved, and explain the reasons in writing.
The installation period approved by the Outdoor Advertising Installation Certificate (Temporary) shall not exceed 3 months from the date of approval.
Article 22 When the urban management administrative department issues the Outdoor Advertising Certificate or the Outdoor Advertising Certificate (Provisional), it shall send a copy to the administrative department for industry and commerce within 7 working days.
Applicants who have obtained the Outdoor Advertising Setting Certificate or the Outdoor Advertising Setting Certificate (Provisional) according to law shall apply for the Outdoor Advertising Registration Certificate with the relevant materials such as the Outdoor Advertising Setting Certificate or the Outdoor Advertising Setting Certificate (Provisional) to the administrative department for industry and commerce before publication.
The issuance period of the Outdoor Advertising Registration Certificate shall be within the setting period approved by the Outdoor Advertising Setting Certificate or the Outdoor Advertising Setting Certificate (Provisional).
After the administrative department for industry and commerce issues the Outdoor Advertising Registration Certificate, it shall send a copy to the administrative department of urban management within 7 working days.
Article 23 No unit or individual may forge, alter, lease, lend, resell or illegally transfer the Outdoor Advertising Setting Certificate and the Outdoor Advertising Setting Certificate (Temporary) in other forms.
If the name is changed according to law, the setters shall go through the change formalities with the original outdoor advertising setting certificate examination and approval authority within 30 days from the date of approval of the name change.
Twenty-fourth the use of public buildings (structures), public facilities, public places to set up outdoor advertising, should be through bidding, auction, listing or other fair competition to obtain the right to use outdoor advertising positions. Involving bus stops and bus shelters, the municipal urban management administrative department shall, jointly with the financial administrative department and the traffic administrative department, formulate specific implementation plans and organize their implementation.
The income from the assignment of the right to use the outdoor advertising location belongs to the non-tax revenue of the government, which is used by the government as a whole, mainly for the construction of urban public facilities, urban management, social public service advertisements, etc.
The use of buildings (structures) owned by state-owned enterprises, state-controlled enterprises or institutions to set up outdoor advertisements shall be implemented with reference to the first paragraph of this article.
Outdoor advertising settings have serious violations of these measures, and shall not participate in the public transfer of the right to use outdoor advertising positions in this Municipality within 0 years from the date when the municipal propaganda administrative department determines the illegal act. Twenty-fifth outdoor advertising shall comply with the following provisions:
(a) strictly in accordance with the approved location, specific location, form, specifications, quantity, production materials, lighting configuration, structural drawings, panoramic computer design drawings and other requirements, and shall not be changed without authorization; If it is really necessary to change, it shall go through the formalities of setting change in accordance with the original examination and approval procedures;
(2) The design shall meet the structural load, lightning protection, wind resistance, earthquake resistance, fire prevention and electrical safety requirements of national buildings (structures) and conform to the setting specifications; If electronic display equipment is used, its brightness should be controlled scientifically to avoid light pollution to the surrounding environment;
(three) the construction shall strictly implement the relevant safety technical specifications and standards to ensure the construction safety and firm facilities;
(four) facilities marked with the number of "outdoor advertising certificate" and other approved identification marks;
(five) within 60 days from the date of approval (LED outdoor electronic display within 90 days from the date of approval); If it is not set within the time limit, its outdoor advertising setting certificate is invalid;
(six) after the completion of the setup, the layout shall be vacant (excluding the published rental advertisements) for no more than 20 days.
Twenty-sixth signboards shall meet the following requirements in addition to items (2) and (3) of Article 25 of these Measures:
(a) the content is limited to the name, brand name and logo of the unit, and shall not contain information on promoting products or operating services;
(two) the location is limited to the office or business premises of the unit;
(3) If multiple units * * * use a place or there are multiple units in a building, the owner or manager of the place or building shall first make overall planning, design and production;
(four) the size and specifications are suitable for the scale of the affiliated buildings, and are in harmony with the height, form, shape, specifications and colors of the adjacent signboards.
Twenty-seventh outdoor advertisements and signboards are responsible for the maintenance and management of outdoor advertisements and signboards, and regularly carry out safety inspections and inspections on outdoor advertisements and signboards. Outdoor advertisements and signboards with potential safety hazards shall take timely preventive measures and be repaired or removed immediately. In case of typhoon, rainstorm and other abnormal weather conditions, corresponding safety precautions should be taken. Among them, if the setting period expires for 2 years, the setter shall conduct safety inspection before June/KLOC-0 every year in accordance with the outdoor advertising and signboard setting specifications. For outdoor advertising facilities with steel structure memorial tablets, the setters shall provide the structural safety inspection report of outdoor advertising facilities issued by a testing institution with structural safety qualification to the outdoor advertising establishment licensing examination and approval authority; If it fails to pass the test, the setter shall immediately repair or dismantle it.
Outdoor advertising and signboard facilities have reached the design service life, and the setters shall update them. When building, rebuilding, updating or dismantling outdoor advertising and signboard facilities, safety measures shall be taken, and warning signs shall be set at obvious positions on the site.
City, district, county-level city administrative departments should strengthen the safety supervision and inspection of outdoor advertising, outdoor advertising and signboard facilities found that there are security risks, it should be ordered to set up a deadline to transform or dismantle.
Twenty-eighth outdoor advertising and signs should strengthen the daily maintenance and management, to ensure that outdoor advertising and signs are clean, intact and beautiful. Outdoor advertisements and signs whose pictures are stained, faded seriously and whose fonts are damaged, which affect the city appearance, shall be repaired and updated in time; If night lighting facilities are configured, the lighting facilities shall be kept intact; Set up neon lights, electronic display devices, light boxes and other facilities, and keep the screen display complete; If the lamp is broken or damaged, it should be repaired and replaced in time, and the machine should be stopped before repair.
Urban management comprehensive law enforcement organs shall strengthen the inspection and supervision of outdoor advertisements and signboards, and shall order the setters to maintain and update them in time if they find that outdoor advertisements and signboards are defiled, incomplete in display, seriously faded and incomplete in fonts; Neon lamp, electronic display device, light box, etc. If it is damaged or damaged, the setter shall be ordered to stop using it before repair.
Twenty-ninth outdoor advertising facilities approved according to law shall not be occupied, dismantled, covered or damaged by any other unit or individual except those changed by the competent department of urban management administration according to law.
Outdoor advertising facilities in the approved period of use, due to the public interests of urban planning, construction, management, etc., it is really necessary to dismantle, the administrative department of urban management should be five days in advance written notice to set people to dismantle, the direct economic losses caused by the demolition should be compensated according to law.
Overdue demolition of outdoor advertising facilities, no compensation.
Thirtieth "outdoor advertising certificate" expires, need to continue to set up. The setter shall apply to the original examination and approval authority for extension 30 days before the expiration of the time limit, and the examination and approval authority shall make a decision on whether to approve the extension before the expiration of the time limit; If no decision is made within the time limit, it shall be deemed as an extension. If it is not set up after the expiration or the application for extension is not approved, the setter shall dismantle it within 7 days from the date of expiration of the outdoor advertising setting period.
Temporary outdoor advertising shall not apply for extension, and the setters shall dismantle it within 2 days from the date of expiration of the setting period.
Article 31 Where a signboard is moved, changed, closed, dissolved or revoked, the original signboard shall be removed by itself before moving, changing, closed, dissolved or revoked. Article 32 Whoever, in violation of the provisions of Article 13 of these measures, publishes advertisements by using signboard facilities or in disguised form, and sets up outdoor advertisements without approval in violation of the provisions of the first paragraph of Article 15 and the second and third paragraphs of Article 16 of these measures, shall be ordered by the comprehensive law enforcement organ of urban management to stop the illegal act, clean up, dismantle or take other remedial measures within a time limit; If it fails to clean up, dismantle or take other remedial measures within the time limit, it shall be forcibly cleaned up or dismantled.
If it is impossible to determine the setter or the whereabouts of the setter are unknown, the comprehensive law enforcement organ of urban management can urge the setter to correct the illegal act through announcement. If the illegal act is not corrected within the time limit, it shall be forcibly removed by the comprehensive law enforcement organ of urban management according to law.
Article 33 In violation of the provisions of Article 15, paragraph 2, and Article 16, paragraph 1 of these measures, failing to set up public service advertisements or signboards of enclosures or uncompleted residential flats in accordance with the setting norms, the comprehensive law enforcement organ of urban management shall order it to make corrections, clean up or dismantle it within a time limit; If it fails to make corrections, clean up or demolish within the time limit, it shall be forcibly cleaned up or demolished, and a fine ranging from 1000 yuan to 20000 yuan may be imposed.
Article 34 Whoever, in violation of the provisions of the first paragraph of Article 23 of these measures, forges, alters, rents, lends, resells or illegally transfers the outdoor advertising installation certificate in other forms shall be fined between 654.38 million yuan and 20,000 yuan by the comprehensive law enforcement organ of urban management, and shall be reported to the administrative department of urban management for cancellation of the outdoor advertising installation certificate.
Article 35 In violation of the provisions of the second paragraph of Article 23 of these Measures, if the setters fail to go through the alteration formalities according to law, the comprehensive law enforcement organ of urban management shall impose a fine of more than 5000 yuan 10000 yuan, and order them to go through the alteration formalities at the competent administrative department of urban management within a time limit.
Thirty-sixth in violation of the provisions of article twenty-fifth (a) of these measures, not in accordance with the approved location, specific location, form, specifications, quantity, production materials, lighting configuration, structure diagram, panoramic computer design, etc. to set up outdoor advertising. , by the city management comprehensive law enforcement organs shall be ordered to make corrections, clean up or dismantle; If it fails to correct, clean or dismantle within the time limit, it shall be forcibly cleaned or demolished, and a fine of more than 20,000 yuan 1 10,000 yuan may be imposed.
Article 37 Whoever, in violation of the provisions of Item (4) of Article 25 of these Measures, fails to set up outdoor advertising facilities with the sign of Outdoor Advertising Setting Certificate, shall be ordered by the comprehensive law enforcement organ of urban management to make corrections within a time limit and may be fined between 3,000 yuan and 5,000 yuan.
Article 38 In violation of the provisions of Article 27 of these measures, outdoor advertising and signboard facilities have potential safety hazards, or outdoor advertising facilities with steel plaque fail to pass the inspection by a testing institution with structural safety qualification, and shall be ordered to transform or dismantle within a time limit. If the designer fails to transform or dismantle within the time limit, the comprehensive law enforcement organ of urban management shall impose a fine of 20,000 yuan to 50,000 yuan.
Article 39 In violation of the provisions of Item (6) of Article 25 of these Measures, outdoor advertisements are vacant, and in violation of the provisions of Article 27 of these Measures, outdoor advertisements and signboards are stained, badly faded, with incomplete fonts, neon lights, electronic display devices and light boxes falling off and damaged. , which affects the appearance of the city, shall be punished by the comprehensive law enforcement organ of urban management in accordance with the provisions of Item (6) of Article 58 of the Regulations of Guangzhou Municipality on the Administration of Urban Appearance and Environmental Sanitation.
Fortieth in violation of the provisions of article thirtieth of these measures, the outdoor advertising is not removed on time after the expiration of the time limit; In violation of the provisions of Article 31 of these measures, if the signboard is moved, changed, closed, dissolved or revoked, and the original signboard is not removed on time, the urban management comprehensive law enforcement organ shall order it to be removed within a time limit, and if it fails to be removed within the time limit, it shall be forcibly removed, and a fine of 6,543,800 yuan or more and 20,000 yuan or less may be imposed.
Forty-first outdoor advertising or signboard facilities collapsed, causing personal or property losses to others, the creator shall bear civil liability according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 42 If the administrative department in charge of urban management and the comprehensive law enforcement organ of urban management are under any of the following circumstances, the directly responsible person in charge and other responsible personnel shall be ordered by the appointment and removal organ or the supervisory organ to make corrections according to the management authority, and if the circumstances are serious, administrative sanctions shall be imposed; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law:
(1) approving an application that does not meet the statutory requirements or making an approval decision beyond the statutory authority;
(2) refusing to approve an application that meets the statutory requirements or failing to make a decision on examination and approval within the statutory time limit;
(three) in the process of acceptance, examination and approval, the applicant and the interested party failed to fulfill the statutory obligation to inform;
(four) failing to explain the reasons for not accepting, postponing the decision or not approving according to law;
(5) Failing to perform supervisory duties according to law;
(6) soliciting or accepting other people's property or seeking other benefits;
(seven) dereliction of duty, favoritism. Article 43 Where tethered balloons, unmanned free balloons and airships are used to set up outdoor advertisements, the applicant shall apply to the meteorological department and the air traffic control department for permission in accordance with the Measures for the Administration of Balloon Flying and the General Aviation Control Regulations.
Where advertisements are set up in underground facilities of urban rail transit, waiting rooms of stations, waiting rooms of ports and terminal buildings of airports, and car bodies and hulls are used for advertising, the applicant shall directly apply to the administrative department for industry and commerce for the Outdoor Advertising Registration Certificate. Among them, if the car body is used for advertising, the applicant shall also apply to the public security traffic police department for changing the color of the car body in accordance with the Regulations for the Implementation of the Road Traffic Safety Law; Where the hull is used for advertising, the applicant shall also apply to the ship inspection agency of the maritime department for inspection.
Article 44 These Measures shall come into force as of May, 2065438 1 day.